Patna High CourtCR. MISC./480/2015bail granted

Md. Umar Khan v. The State Of Bihar

2015-03-04Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.480 of 2015 Arising Out of PS.Case No. -27 Year- 2013 Thana -ISHAKCHAK District- BHAGALPUR ====================================================== Md. Umar Khan, son of Md. Ekram, resident of village Sajour Police Station Sajour District Bhagalpur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Md.Fahimuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-03-2015 Heard Mr. S.M. Ashraf, learned counsel for the petitioner and learned A.P.P.

The petitioner, who is in custody in connection with Ishakchak P.S. Case No. 27 of 2013 ( G.R. 1381 of 2013) registered for the offence under Section 414 of the Indian Penal Code has prayed for grant of bail Learned counsel for the petitioner submits that some of the other accused persons having almost similar accusation have already been granted bail by this court. Learned counsel for the petitioner has taken the court to Annexure - 3 and 3/1 i.e. order dated 20.8.2013 passed in Cr. Misc. No. 30616 of 2013 whereby co- accused Md. Sattar @ Chotan @ Choten was granted bail. Similarly, co- accused Md. Mano @ Naushad was granted bail on 4.3.2014 in Cr. Misc.

Patna High Court Cr.Misc. No.480 of 2015 (3) dt.04-03-2015 2/2 No.2717 of 2014.

Learned counsel for the petitioner has argued that though in the F.I.R. it was shown that petitioner was arrested and on his confession motor cycle was recovered, same fact is not correct. He has placed paragraph no. 36 of the case diary and submits that facts disclosed in the F.I.R. of this case makes it clear that at least on 31.5.2013 i.e. after registration of F.I.R. police has taken step for remanding petitioner from Ishakchak P.S. Case No. 25 of 2013.

Be that as it may since similarly situated co- accused have been granted bail, let the petitioner namely Md. Umar Khan be enlarged on bail on furnishing bail bond of Rs. 10000/- (Rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Ishakchak Police Station Case No. 27 of 2013 (G.R. 1381 of 2013).

(Rakesh Kumar, J) Praful/- U T